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Posting Bail in Nashville: 4 Things to Know

If you have been arrested for a felony, depending on the offense and your criminal record, it’s possible your bail could be more than $75,000. If that’s the case, Tennessee law requires a source hearing before any defendant can post bail. At this point, having a criminal attorney can be very valuable. The court is looking for proof, including bank and other financial records, to show that the money didn’t come from a criminal enterprise. The idea behind the source hearing is to make sure a drug dealer, for example, doesn’t use money from drug deals to get released from jail. If the court suspects the source of the money isn’t legitimate, bail will be denied. If you are arrested in Nashville, here are 4 things you need to know about posting bail.

Bail process in Nashville. After an arrest in Nashville, odds are that you’ll end up at Davidson County Criminal Justice Center, the main correctional facility in the county. As you are being booked and processed into the facility, you’ll be allowed to make a phone call. At that point, you can contact a friend or relative for help or directly call a bail bond company. All the information necessary to post bail should be available if you’ve been arrested for a misdemeanor. Generally, bail is set immediately based on a county schedule. However, if the crime is more serious, bail won’t be set until a bail hearing is conducted, and that could take place the next day.

Types of Bail in Nashville. There are four bail options for defendants in Nashville. They include:

  • Personal recognizance. This is the same as a signature bond – a defendant pays no money and instead signs an agreement promising to return for all scheduled court hearings. A PR release is only an option for minor crimes and defendants with little or no previous criminal history. In addition, court officials must feel comfortable that the defendant is not a flight risk.

  • Cash bond. A defendant or co-signer who chooses this type of bail must pay the entire amount of the bail set by the court. As long as the defendant does not violate any bail conditions, the bulk of the money is returned at the end of the case, minus court fees and costs.

  • Surety bond. This is the most common type of jail release because many defendants don’t have enough to pay the entire bail amount in cash. Under Tennessee law, a defendant can hire a bail bond agent and pay a “premium” of up to 15 percent. Typically, the amount is 10 to 15 percent and it is non-refundable. Anyone 18 and older with the necessary financial resources can act as a co-signer for a defendant. If the defendant jumps bail, the co-signer is liable for the entire amount of the bail and the bail bond agent will often employ a bounty hunter to find and bring the defendant back to court.

  • Property bond. This is the most complicated jail release option. Paperwork is required to prove ownership of the property. In addition, the defendant must prove the value of the property and equity in the property at least equal to 150 percent of the amount of bail. A lien on the property is signed over to the County Clerk and the entire process usually takes 2 to 3 days to be completed and approved.  .


How bail is set. Jails and detention facilities in Nashville and elsewhere in the state have pre-set bail schedules that make it possible for defendants begin the process of posting bond almost immediately.  The pre-set schedules only to less serious crimes, mostly misdemeanors. A defendant arrested for a felony must attend a bond hearing to have bail set by a judge. Having the assistance of a criminal attorney, particularly for a more serious crime, can be invaluable to argue for lower bail amount.

Bond costs and options. All defendants posting bail must also pay a $37 state fee. The cost for a surety bond is often 10 percent of the total bail amount, but can be up to 15 percent. A defendant, or co-signer, posting cash bail can save the 10 to 15 percent premium. Defendants considering posting a cash bond should make sure they still have enough money to pay legal fees in their case, as well as fines and other potential costs.

Common Questions

What is a bail hearing?

After a defendant is arrested, a bail hearing is scheduled to determine if the defendant is a flight risk and to set the amount of his or her bail or deny the bail and bonds altogether if the defendant is deemed a flight risk.

How long after an arrest does it take to set bail?

States have laws that specify when a bail hearing must take place after an arrest. For most states, the hearing must be held 48 to 72 hours after the arrest – but weekends and holidays will not count towards this time.

What is a bail bond?

A bail bond is a contractual guarantee, issued by a licensed bail bond agent, between the agent the defendant and the court, that promises the court the full bail payment if the defendant does not show up for his or her scheduled court hearing.

How quickly can a bail bond be issued?

Once defendants have received a bail amount at their bail hearing, and contacted a bail bond service, the bail and bonds are usually accomplished within 24 hours of the bail hearing.

What is the cost of a bail bond?

States set the fee for a bail bond, and in most states, the fee is 10 percent of the total bail. This fee is paid to the bond agent for the bond service, and it is a non-refundable fee.

Are there any alternatives to a bail bond?

Yes. Defendants may pay the full price of the bail, opt for a property bond or try to gain a release through their own recognizance.

What if a defendant cannot afford a bail bond?

Defendants who cannot afford a bail bond can try for a release on their own recognizance, search for a bail bond agent who offers a payment plan, or remain in jail until their court hearing.

What happens if a defendant flees?

If a defendant flees the full amount of the bail is due, the defendant will be charged with costs associated with their recovery and the amount of the bail is forever forfeit even after the defendant is recovered.

What type of collateral can be used for a bail bond?

Almost anything of value can be used as collateral for a bail bond, including retirement or private savings, property, or personal items of value such as jewelry or antique collections that belong to the defendant or to family members or friends who accept responsibility for the collateral.

When does the bail bond end?

The process for bail and bonds ends when defendants appear for their court hearing. Regardless of the outcome of their hearing, as long as they show up, the bonds are terminated.

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